The US Supreme Court’s new standard for the harm a worker must show to challenge allegedly discriminatory job transfers contains enough ambiguities to spark further debate over what’s necessary to bring a viable bias claim, lawyers and law professors said.
The justices unanimously held Wednesday that workers must demonstrate that they suffered some harm related to job terms from an ostensibly lateral transfer that occurred for allegedly discriminatory reasons.
The ruling is one of the high court’s few forays—outside of the retaliation context—into what constitutes an adverse employment action that can trigger a lawsuit under Title VII of the 1964 ...